Registered contracts apply until they are terminated or replaced. Unfortunately, for public service employees, it is not just a law or a distinction that defines all your rights. Instead, there is a very confusing network of laws, distinctions, business agreements and many other documents and instruments and provisions. If a job has a registered contract, the premium does not apply. But then there are enterprise agreements. Enterprise agreements are agreements made collectively between all employees and the employer. You ensure better and additional requirements on what your price offers. In particular, they generally set a higher base salary. The most likely enterprise agreement applicable to you is SA Government Wages Parity (Salaried) 2014.
But you have to read it carefully to see if it applies to you, because it is not. For example, nurses and midwives have their own enterprise agreement, the Nursing/Midwifery (South Australian Public Sector) 2013. All potentially relevant business agreements are available here, while a list of common agreements for public sector companies can be found here. Then there are many other laws that can apply to your specific part of the public service depending on the work. For example, if you are a teacher, certain provisions of the Education Act 1972 (SA) have an impact on your labour rights, while if you are a doctor, the 2008 Health Care Act (SA) will be relevant. There are also other laws that could sometimes be relevant, such as the Ombudsman Act 1972 (SA), the Independent Commissioner Against Corruption Act 2012 (SA) and the Whistleblowers Protection Act 1993 (SA). There are also „guidelines“ from some departments and other documents that are lying around, which could have a significant impact on your labour rights. For example, if you are employed in a health role, a document called the SA Health Human Resources Manual can have very important consequences for you. It is not publicly available, but you should be able to request a copy from your employer. The Fair Work Commission can also help employers and workers who are embarking on the „New Approaches“ program.
Learn more about the new approaches on the Fair Labour Commission website. So what if you are a public sector employee in SA who is trying to understand what your rights are? Well, the best thing to do is to seek advice on your situation. You can contact the Public Utilities Association (or any other relevant union) if you are a member of the union, or you can contact us at Johnston Withers Lawyers. It can be difficult to develop your work rights at the best of times, but if you are a public sector employee in SA, it is particularly difficult. Public sector workers in SA are always subject to specific SA labour laws.